Chapter 86.12 — AMENDMENTS

This Chapter provides procedures for the amendment of the General Plan, this Development Code, Community Plans, and Area Plans, whenever the Board determines public necessity and general welfare require an amendment. (Ord. 4011, passed - -2007)

An amendment may be initiated by the Director, the Commission, or the Board in the following manner:

(a) General Plan, Community Plan, and Area Plan Amendments. In the case of the General Plan, Community Plan, or Area Plan, an amendment may also be initiated by the filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.

(b) Development Code Amendments. In the case of this Development Code, an amendment may also be initiated by the filing of an amendment application with the Department by any interested party. The Board may also adopt an urgency measure as an interim ordinance in compliance with Government Code § 65858. (Ord. 4011, passed - -2007)

(a) Application Filing and Processing. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapters 85.02 (Basic Review Procedures) and 85.03 (Application Procedures). The application shall be accompanied by the information identified in the Department handout for amendment applications, and any applicable fees. It is the responsibility of the applicant to provide evidence in support of the findings required by § 86.12.060 (Findings and Decision), below.

(b) Timing of General Plan, Community Plan, or Area Plan Amendments. Each element of the General Plan or a Community Plan or an Area Plan may be amended up to four times in a single calendar year.

(c) Adoption of General Plan, Community Plan, or Area Plan Amendments. Amendments to land use zoning districts constitute an amendment of the General Plan and shall be adopted by resolution and ordinance. Amendments to the General Plan, a Community Plan, or an Area Plan text or maps, other than the Land Use Zoning Maps, shall be adopted by resolution only.

(d) Public Hearings Required. The Commission and Board shall each conduct one or more public hearings regarding the amendment.

(e) Notice and Hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 86.07 (Public Hearings).

(Ord. 4011, passed - -2007)

The Commission may take any one of the following actions on a proposed amendment.

(a) Private Party Initiated. In the case of a private party initiated amendment, the Commission shall either disapprove the application or recommend to the Board that the proposed or a modified amendment be made. In the

case of disapproval, the decision of the Commission shall become final unless appealed to the Board in compliance with Chapter 86.08 (Appeals).

(b) Director Initiated. In the case of a Director initiated amendment, the Commission shall either recommend to the Board that no amendment, a modified amendment, or the proposed amendment be made.

(c) Commission Initiated. In the case of a Commission initiated amendment, the Commission shall either table the matter or recommend to the Board that the amendment be made.

(d) Board Directed or Initiated. In the case of a Board directed or initiated amendment, the Commission shall either recommend to the Board that no amendment, a modified amendment, or the proposed amendment be made. (Ord. 4011, passed - -2007)

(a) Approval or Disapproval. Upon receipt of the Commission’s recommendation, the Board shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in § 86.12.060 (Findings and Decision), below.

(b) Referral to Commission. If the Board proposes to adopt a modification to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code §§ 65356 and 65857.

(Ord. 4011, passed - -2007)

An amendment to the General Plan, this Development Code, a Community Plan, or an Area Plan may be approved only if all of the following findings are made, as applicable to the type of amendment.

(a) Findings for General Plan, Community Plan, or Area Plan Amendments.

(1) If the amendment pertains only to changing a portion of the text of the plan, the Board shall first make both of the following findings:

(A) The proposed amendment is internally consistent with all other provisions of the respective plan, the General Plan or an applicable specific plan; and

(B) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County.

(2) If the General Plan amendment proposes to change a land use zoning designation from one zone to another, the Board shall first make the two findings above plus all of the following additional findings:

(A) The proposed land use zoning district change is in the public interest, there will be a community benefit, and other existing and allowed uses will not be compromised;

(B) The proposed land use zoning district change will provide a reasonable and logical extension of the existing land use pattern in the surrounding area;

(C) The proposed land use zoning district change does not conflict with provisions of this Development Code;

(D) The proposed land use zoning district change will not have a substantial adverse effect on surrounding property; and

(E) The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or

development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

(b) Findings for Development Code Amendments. The Board shall first make all of the following findings:

(1) The proposed amendment is consistent with the General Plan and any applicable community plan or specific plan;

(2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County; and

(3) The proposed amendment is internally consistent with other applicable provisions of this Development Code. (Ord. 4011, passed - -2007)

(a) General Plan, Community Plan, or Area Plan. A General Plan, Community Plan, or Area Plan amendment shall become effective on the 30th day following the adoption of a resolution, and an ordinance (in the case of a General Plan amendment only) by the Board.

(b) Development Code. A Development Code amendment shall become effective on the 30th day following the adoption of an ordinance by the Board.

(Ord. 4011, passed - -2007)